Contents

  1. Information about us and how to contact us
  2. Our Products
  3. Use of Our Site
  4. How we use your personal information
  5. How the contract is formed between you and us
  6. Our right to vary these Terms
  7. Your consumer right of return and refund
  8. Delivery
  9. Price of Products
  10. How to pay
  11. Provision of Ancillary Services
  12. Right to dispose
  13. Manufacturer guarantees
  14. Our liability
  15. Events outside our control
  16. Communications between us
  17. Price matching
  18. Other important terms

The AA Tyres website, Tyres.theAA.com, is operated by Event Mobile Tyres Limited ("we", "us, "our") under contract with Automobile Association Developments Limited.

This page together with our Terms of Website Use http://www.theaa.com/termsandconditions/termcondition.html, Privacy Policy http://www.theaa.com/termsandconditions/privacy_policy.html, and Cookies Policy http://www.theaa.com/termsandconditions/privacy_policy.html#Cookies provides information about us and the legal terms and conditions (Terms) on which we sell tyres and other ancillary products ( Products) listed on our website (Our Site) and provide any ancillary services in relation to the delivery and/or installation of tyres (Ancillary Services) to you.

These Terms will apply to any contract between you and us for the sale of Products and provision of Ancillary Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from Our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from Our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which apply.

These Terms, and any Contract between you and us, are only available in the English language.

1. Information about us and how to contact us

1.1 About Us

The AA Tyres website, Tyres.theAA.com, is operated by Event Mobile Tyres Limited under contract with Automobile Association Developments Limited. Event Mobile Tyres Limited is a company registered in England and Wales under company number 04950087. Our registered office at 11 Easter Court, Europa Boulevard, Warrington WA5 7ZB. Our main trading address is 11 Easter Court, Europa Boulevard, Warrington WA5 7ZB. Our VAT number is GB 812 532 166.

Automobile Association Developments Limited is a company registered in England and Wales under company number 01878835 and its registered office is at Fanum House, Basing View, Basingstoke, Hampshire RG21 4EA.

1.2 Contacting us

If you wish to contact us for any reason other than to exercise your cancellation rights under clause 7, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 009 3528 or by e-mailing us at customer.services@tyres.theaa.com.

1.3 Contacting You

If we have to contact you, or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. We may also contact you by telephone to discuss fitting if you have ordered tyres from us.

2. Our Products

The images of Products on Our Site are for illustrative purposes only and may not be to scale or represent precise dimensions and accordingly your Products may vary from those images.

3. Use of Our Site

Your use of Our Site is governed by our Terms of Website Use http://www.theaa.com/termsandconditions/termcondition.html and Cookies Policy http://www.theaa.com/termsandconditions/privacy_policy.html#Cookies . Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

We only use your personal information in accordance with our Privacy Policyhttp://www.theaa.com/termsandconditions/privacy_policy.html. Please take the time to read our Privacy Policyhttp://www.theaa.com/termsandconditions/privacy_policy.html, as it includes important terms which apply to you.

5. How the contract is formed between you and us

5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read this carefully and check your order at each page of the order process.

5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3. below.

5.3 We will confirm our acceptance of your order by sending you an e-mail confirming that your Products and Ancillary Services have been ordered ( Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

5.4 If we are unable to supply you with Products or Ancillary Services, for example because a Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on Our Site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5.5 We shall not be responsible for any inaccurate information you supply. As at clause 5.1 please check your order prior to submitting it.

6. Our right to vary these Terms

6.1 We may amend these Terms from time to time, acting reasonably.

6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

6.4 If we have to revise the Terms which apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

7. Your consumer right of return and refund

7.1 You have a legal right to cancel this Contract in relation to any Products you have ordered during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Products, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards Office.

7.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Products: e.g. if we provide you with an Order Confirmation on 1 January and you receive the Products on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us on customer.services@tyres.theaa.com. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the end of these Terms as a schedule.

7.4 You can also e-mail us at customer.services@tyres.theaa.com or contact our Customer Services team by telephone on 0800 009 3528 or by post to AA Tyres, Cancellations, 11 Easter Court, Warrington, Cheshire, WA5 7ZB. If you are e-mailing or writing to us please include details of your order (including the order reference) to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day (see timescale in clause 7.2 above).

7.5 If you cancel your Contract within the deadline set out in clause 7.2 we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by you using them in any way beyond what is required for you to establish the nature, characteristics and functioning of the Products. For the avoidance of doubt, in the case of tyres, use of the tyres includes (but is not limited to) driving on the tyres. If we refund you the price paid before we are able to inspect the Products and later discover you have used them in any way beyond what is required for you to establish the nature, characteristics and functioning of the Products, you must pay us an appropriate amount; or

(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Products and we have not offered to collect them from you: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, see clause 7.8.

(ii) If you have not received the Products or we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Contract.

7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.7 You hereby expressly agree that we can refund your purchase in a manner chosen by us, irrespective of the method of payment originally used by you to purchase the Products.

7.8 If the Products have been delivered to you and/or installed before you decide to cancel your Contract:

(a) then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back or hand it to our authorised carrier/ courier. Our address for returns is AA Tyres, Cancellations, 11 Easter Court, Warrington, Cheshire, WA5 7ZB. If we use an authorised carrier/ courier, we will provide you with information about our authorised carrier on request and how to arrange a return. If we have offered to collect the Products from you, we will collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and

(b) unless the Products are faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning them to us. If we have offered to collect the Products from you, we will charge you the direct cost to us of collection.

7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8. Delivery

8.1 Where possible, we will deliver the Products on the delivery date and at the delivery time stated in the Order Confirmation. Please note that occasionally our delivery to you may be affected by Events Outside Our Control and we may be unable to deliver your Products on the delivery date and at the delivery time selected by you. Please see clause 15 for our responsibilities when this happens.

8.2 Delivery of an order shall be completed when we deliver the Products to the address you have provided in your order and, in the case of tyres, fit them to the relevant vehicle. The Products will be your responsibility from the time your delivery is complete.

8.3 You own the Products once we have received payment in full, including all applicable delivery charges.

8.4 If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

8.6 If you do choose to cancel your order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

8.7 Unfortunately, there are addresses in the UK that we cannot deliver to and we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery within the UK, to an address we can deliver to.

9. Price of Products

9.1 The prices of the Products will be as quoted on Our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto our system. However please see clause 9.5 for what happens if we discover an error in the price of the Products you ordered.

9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

9.3 Unless otherwise stated, the price of Products (or any Ancillary Services in accordance with clause 11.3) includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already received the Order Confirmation before the change in VAT takes effect.

9.4 Unless otherwise agreed in writing the price of the tyres includes delivery, mobile tyre fitting at your home or work address, new valves (excluding metal valves or pressure sensor valves), electronic wheel balancing of steel, alloy or centre less wheels (some Peugeot, Citroen and Renault) and disposal of any items replaced.

9.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on Our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10. How to pay

10.1 You can only pay for Products (or any Ancillary Services in accordance with clause 11.3) using a debit card or credit card, but please note that we are unable to accept payments made by way of American Express or Diners Club.

10.2 Payment for the Products (or any Ancillary Services in accordance with clause 11.3) is in advance.

11. Provision of Ancillary Services

11.1 We will supply the Ancillary Services to you on the date specified in the Order Confirmation.

11.2 We make every effort to complete the Ancillary Services on time, however, there may be delays due to Events Outside Our Control.

11.3 In the event that we are unable to provide the Ancillary Services because:

(a) you have ordered the incorrect Products; or

(b) you do not have the locking wheel nut key,

you will be charged a service charge of £49.00. You will then have the option to cancel your existing order (provided you do so in accordance with clause 7 of these Terms) or re-schedule the Ancillary Services.

11.4 As a consumer, you have legal rights in relation to Ancillary Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

12. Right to dispose

At your option, we will remove all items which are replaced by the tyres and will dispose of all such items at our discretion. The price quoted for the tyres includes the removal and disposal of these items.

13. Manufacturer guarantees

13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2 A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to cancellation under clause 7 or in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

13.3 Please note that we will only be able to issue a refund under a manufacturer's guarantee once the Products have been returned to the manufacturer and the manufacturer has confirmed to us that the Products are faulty. Once the manufacturer has confirmed to us that the Products are faulty, we will endeavour to provide you with the refund within a reasonable time.

14. Our liability

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

14.2 We only supply the Products and Ancillary Services for domestic and private use. You agree not to sell the Products in the course of a business and, if you do, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

14.3 We do not in any way exclude or limit our liability for:


(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by

section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979

and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under this Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products and Ancillary Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid.

16. Communications between us

16.1 When we refer, in these Terms, to "in writing", this will include e-mail.

16.2 You may contact us as described in clause 1.2.

17. Price matching

17.1 If you buy our Products but subsequently find the same product being sold for less by one of the competitors listed in clause 17.3 we will refund the difference between the price of the relevant Products and the price charged by such competitor for a period of up to 7 days following the date of your payment for the Products under our price match guarantee. We will refund the difference between the price of our Products and the lower price matched under this clause in any way we choose, irrespective of the method of payment you used to purchase the Products.

17.2 Where clause 17.1 applies, then you will simply need to email us at customer.services@tyres.theaa.com, to provide us with the name, address and contact telephone number of the competitor, the date and price of the product offered by the competitor, the product number and (where applicable) the web-link for the product, so that we can verify the price.

17.3 We will only price match against Kwik-Fit, National Tyres and Autocare, ATS Euromaster, Tyres on the Drive, eTyres or Kwik-Fit Mobile (Competitors). Please note that we will not price match against any other company, including any subsidiaries of the Competitors, any associated or affiliated companies, partnerships or traders, or any other entity associated with the Competitors, to be determined at our sole discretion.

17.4 Please note in respect of our price match guarantee:

(a) we will not price match if the relevant Competitor is in administration or closing down; and

(b) we will only price match against:

(i) current prices quoted by the Competitors during the 7 days following the date of your purchase (and not, for the avoidance of doubt, in respect of any period preceding such date);

(ii) new products offered by Competitors that are identical in size and specification, and bear the same product number, as the Products purchased by you;

(iii) Competitor products that include the cost of delivery, fitting of the products at your home or work address (including where fitting is carried out by a third party), new valves and disposal of any replaced items; and

(iv) the Competitor's price as publically advertised (whether in-store, on the Competitor's website or as quoted to us by email or telephone), exclusive of any discounts for store card holders, members, vouchers, coupons or promotional codes, special offers, price promotions, multi-party discounts or any 'free' items included as part of any promotional event (including, without limitation, "buy-one-get-one-free" promotions).

18. Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 These Terms are governed by English law. This means a Contract for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with the Contract (including any Ancillary Services) will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

SCHEDULE

CANCELLATION FORM

(Complete and return this form only if you wish to cancel your contract)

To : AA Tyres

Cancellations,

11 Easter Court,

Warrington,

Cheshire,

WA5 7ZB.

0800 009 3528

customer.services@tyres.theaa.com

I/We …………………………………………………… (insert name)

hereby give notice that I/We cancel my/our contract of sale of the following products (please provide details on the products ordered):

Ordered on ………………….. (insert date of Order Confirmation received from us)/received on ……………… (insert date products were received (if appropriate),

Your name:

Your billing address (and delivery address if different) as you provided in your order:

Your signature (only if this form is notified on paper): ……………………………..

Date ……………………..